According to the provisions established in the draft General Telecommunications Law of Spain, the government would have the power to intervene and control WhatsApp, Telegram, Messenger, or any other instant messaging application for smartphones. According to the government, they will apply this measure in case of serious risks or problems of public or national security.
In consequence, the State must assume direct management or intervention of electronic communications networks and services, on an exceptional and temporary basis in times of great emergency. The idea is for the government to manage these infrastructures to “preserve or restore public order”, when necessary and in specific situations.
These and other developments regarding the management of these messaging applications by the State are included in the aforementioned draft law. They are part of the provisions to regulate, for the first time in Spain; communication services based on instant messaging that do not depend on a conventional telephone line.
According to the preliminary draft, the decisions to manage these messaging networks in emergency cases may be made by the government on, own initiative or at the request of a competent public administration. In the latter case, it will be necessary for the public administration to have competences in matters of security or for the provision of public services. The decision is about to derive from a mandatory report from the National Markets and Competition Commission (CNMC).
Regarding the details of the bill, currently in a public consultation period, the Secretary of State for Telecommunications Digital Infrastructures, Roberto Sánchez, offered statements to the media.
Sánchez highlighted that, based on a broader interpretation of the definition of the term, operators of these messaging services now fit into the concept of providers. Under this concept, services such as WhatsApp, Telegram, Signal, Facebook Messenger, Google Hangouts, etc., will be regulated. Also, video calling services such as Skype, Google Duo, and Zoom would be included.
The new regulations will also create a balance between the emergency communications service on which the number 112 relies. It contemplates the possibility of using the location data of the caller, as well as the chance to implement a public alert system. The spreading of information links to the possibility of intervention by instant messaging networks that this event generated a huge controversy on social networks in Spain.
Courier services must pay an annual fee
As reported in a press release from the Ministry of Economic Affairs and Digital Transformation of Spain, the draft provides for these instant messaging service providers to be registered in the Registry of Operators. They must also comply with the obligation to apply security measures, “following the risks of their differentiated nature concerning traditional services.”
All “new operators” will need to pay an annual fee if their billing exceeds a minimum threshold. This tax, already included in the current Telecommunications Law of 2014, was only available and active on telephone operators, such as Vodafone, Telefónica, or others.
The draft bill is available for review on the Ministry’s website. Until next October 13, contributions and comments may be made on its content. Its final approval is estimated for mid-2021 or the third quarter of that year.
By: Jenson Nuñez.
